- (1.) Heard the parties.
(2.) This criminal appeal has been directed against the judgment of conviction and sentence dated 27.09.2003, passed by Additional Sessions Judge - XI, Dhanbad in S.T. No. 24/2000 arising out of Baliapur P.S. Case No. 79/98 corresponding to G.R. No. 2902/98 whereby the appellant has been held guilty for the offence punishable under Ss. 363, 376, 328, 302 and 201 of the Indian Penal Code and sentenced to undergo R.I. for five years under Sec. 363 of the Indian Penal Code, R.I. for eight years and fine of Rs. 500/ - under Sec. 376 of the Indian Penal Code, R.I. for eight years and fine of Rs. 500/ - under Sec. 328 of the Indian Penal Code, R.I. for life and fine of Rs. 500 under Sec. 302 of the Indian Penal Code and R.I. for two years under Sec. 201 of the Indian Penal Code. All the sentences so passed were directed to run concurrently.
(3.) The facts appearing from the written report lodged by Sudhir Pramanik (P.W. -11) is that Kiran Kumari, minor daughter of the informant was found missing from intervening night of 19/20 August, 1998. It is disclosed that previously Kiran Kumari (deceased) was taking tuition from the appellant but he was keeping evil eyes on her and, therefore, the parent of Kiran Kumari restrained her from having tuition from the appellant. It is further disclosed the appellant was always roaming around the house of informant in order to meet Kiran Kumari. The informant, suspecting hands of appellant in the abduction of Kiran Kumari had lodged written report and on the basis of said written report, Baliapur P.S. Case No. 79/98 dated 20.08.1998, under Sec. 366A of the Indian Penal Code was registered. The investigation was carried out. The appellant was apprehended and dead body of Kiran Kumari was recovered from Hariban. The inquest report was prepared, incriminating articles were seized, witnesses were examined and after concluding investigation, chargesheet was submitted and accordingly, cognizance was taken. The case was committed to the Court of Sessions and registered as S.T. No. 24/2000. Charges under Ss. 366A, 376, 302, 328 and 201 of the Indian Penal Code were framed to which the appellant pleaded not guilty and claimed to be tried. The prosecution in order to substantiate charges examined altogether eleven witnesses including informant, investigating officer and the doctor who conducted autopsy on the dead body of Kiran Kumari and proved documents whereas no witness has been examined by the appellants in his defence. The learned Trial Judge, at the conclusion of trial, placing reliance on the evidence and documents available on record, held the appellant guilty and inflicted sentence as indicated above.;